CLINICAL LAB SCIENEC

CHAPTER 3: MEDICAL LAW, ETHICS, AND MORAL ISSUES OF HEALTH CARE 73
family members and verifying enrollment are accomplished electronically in large
computerized offices. It is easy to see that these records could easily be misused
if they fell into the wrong hands. HIPAA prohibits the sale of records without
the patient’s permission. The sale of databases with personal information about
private citizens has turned into big business in this country; businesses can target
certain individuals who fit their profile as a potential consumer, and medical
records have been no exception to this practice. Insurance companies might also
seek to deny coverage to those with chronic or genetic medical problems.
On April 14, 2003, almost all health insurers, pharmacies, physicians, and
other health care providers were required to begin complying with HIPAA regulations.
A number of agencies requested exemption from the timeline, and Congress
allowed some small health plans to have an additional year to comply.
HHS provides assistance to health care providers to assist them in transitioning
to a more structured manner of obtaining, using, and transmitting information.
An HHS website is provided for medical providers to ask questions about the
rules and to obtain explanations and descriptions about specific components of
rules. These materials are available at http://hhs.gov/ocr/hipaa.
Provisions of the HIPAA Regulations
Privacy rules enacted by the federal government describe the patient’s right to
privacy as well as the situations where patient information can legally be shared.
Each employee who handles patient information is required to receive instruction
and training on the policies and procedures under which information is
gathered and transmitted to other persons or facilities. The patient must sign an
agreement that he or she understands the conditions under which information
may be shared.
Access to Personal Medical Records
Patients may see and obtain copies of their medical records, and they may request
corrections where errors and mistakes are found and receive assurance that the
records have been corrected. Copies of records should be available within 30
days of receipt of a request in writing. Patients may be charged for the cost of
copying and sending the documents.
Notice of Privacy Practices
Patients must be advised in writing of their rights after the first visit on or
following April 14, 2003, the date when compliance will be required. Patients
must acknowledge receipt of notice of their rights under HIPAA, as they will
be apprised of their rights, usually when they make an initial visit to a health
care practitioner for assessment or treatment. Patients are usually asked to sign
a form indicating their understanding of the HIPAA regulations and how those
regulations are used to limit the amount of information imparted to a third party
(Figure 3-3).
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